근로기준법위반등
The prosecution of this case is dismissed.
1. The Defendant, as the representative of the C Company in Daegu Northern-gu B, is an employer who employs one full-time worker and operates a manufacturer.
The Defendant, who was employed by the foregoing company on March 1, 2014 and was retired on August 19, 2016, did not pay the total amount of KRW 5,376,343, retirement allowance of KRW 8,067,30, total amount of KRW 13,43,643, within 14 days from the date of retirement, without any agreement on the extension of payment deadline.
In addition, the Defendant did not pay the total amount of KRW 44,553,864 of wages and retirement allowances of two workers within 14 days from the date of each retirement without agreement on extension of payment deadline, as stated in the list of crimes in the attached list of crimes.
2. Determination
(a) Applicable legal provisions: Article 109(1) and Article 36 of each Labor Standards Act (a) and Article 44 Subparag. 1 and Article 9 of each Labor Standards Act (a) of the Guarantee of Retirement Benefits for Workers; Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits Act (a) of the same Act;
(b) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
C. On April 18, 2018, after the institution of the instant indictment, submission of a written agreement to the effect that the above workers do not wish to punish the Defendant.
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;